Vogel

Vogel v. Winchell's Donut Houses Operating Co.

Good Law
252 F. Supp. 3d 977·2017 WL 2198338·2017 U.S. Dist. LEXIS 75998
United States District Court, Central District of CaliforniaMay 18, 2017CV 16-00887-RSWL-AJWxCalifornia4,546 words

Opinion

Lead Opinion

Ronaldlew, J.

ORDER re: Defendant’s Motion for Summary Judgment, or, in the Alternative, Summary Adjudication [32]

Currently'before the Court is Defendant Winehell’s Donut Houses Operating Company, LP (“Defendant”) Motion for Summary Judgment, or, in the Alternative, Summary Adjudication (“Motion”) [32] as to all claims in the Complaint. Having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS: the Court GRANTS Defendant’s Motion.

I. BACKGROUND

A. Factual Background

Plaintiff Martin Vogel (“Plaintiff’) is a “physically disabled” T-3 paraplegic who requires the use of a wheelchair when traveling in pubjic. Compl. ¶ 8, ECF No. 1. Defendant owns, operates, and/or leases a Pizza Hut Restaurant in Norwalk, California (the “Restaurant”). Id. at ¶ 2.

Plaintiff visited the Restaurant on January 3, 2016. Deck of Martin Vogel (“Vogel Decl.”) ¶ 2, ECF No 33-1. Plaintiff alleges that both the Restaurant’s disabled parking space and the access aisle are too steep, mainly due to an encroaching built-up ramp. Compl. ¶ 10. Because the parking space and access aisle are not level, Plaintiff cannot easily transfer from a vehicle because his wheelchair rolls,…

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